My father lives in assisted-living. He is qualified for VA A&A, but his wife has post nuptial assets so he can't apply for VA. Any advice?

My step mother has been in a nursing home for 10 years. She has no cognitive ability left. She has about $216,000 that her daughter (POA) is using to pay for her nursing home. But even though her money is protected by a post nuptial agreement and Dad has no access to it, he still can't apply for Aid & Attendance. He is just barely able to cover his bills now, and another increase could cause him to be homeless.

Answers

I forgot is not taken into consideration for Aid and Attendance I don't know why his wife's protected funds are?

But if put in for the attent to apply you will receive funds back to that date when they do cover for Aid and Attendance.

Asks if Aid and Attendance can be taken by a GAL, Conservsitor or Guardian to pay court cost. I don't think it should but my mom's GAL and Conservsitor is looking to do so and now after she got the back pay are looking to sell my mom's home. You would think that would cut my Marine mother off because it increases her Estate.

The most of the time when a Guardian and conservator sells the house there's no money left for the estate just by the cost of the lawyers selling and preparing the house for sale. There cost for selling it talking about sale of property is double the cost of paying bills.

Jumps from $350 a hour to pay bills to $650 to sell real property or talk about selling it.

Going to court can be $1,800 for each for profit professional taken from the Estate unless it's your lawyer then that's on you.

In a Veterans facility local Veteran group come in and do activities with the residents. They have volunteers that are requlars that help take the Veterans in wheelchairs or walkers.

These volunteers have a federal background check with finger prints. Some Veterans with memory lost are allowed to stay in the local hospital.

To see the volunteer time they haven't Hospital more money they get sent to do things with their patients.

Most AL are unlicensed I was looking something else kind of government website found that out.

When there a license to see where that's somebody that's not trained and giving meds maybe doing so.

Look things up.

Some facilities work for Guardians or have employees that work for Guardians somehow check it out because you can put in facilities can meet you and change your being put in guardianship even if you get guardianship over your loved one that's easier for someone to take it away without notifying you.

Guardianship the patient, veteran, ward of the state loses all there civil and constitutional rights it can even be divorced by their Guardian so that they can take the house.

Veteran in Most states that it put in the guardianship can only be done so if they do not receive VA benefits.

If they receive any funds from the VA only the VA can say they need Guardianship and if so that Guardian can only have 10 wards.

Guess what the court won't follow those rules and list you know the rules and force them to do so.

Some guardianship 1400 wards will make their money add quantity.

Facility any facility yet to find out if they're for-profit that's another thing I found out.

Prenuptial or postnup agreements are not eligible for consideration under Medicaid. They do not care. All assets are considered to be the couple's. I thought VA would not base eligibility on spouses assets. VA may have made changes in the past few years, if I remember right.

You need to consult an elder law attorney. Step mom may be on the hook to pay a portion of dad's care. Warning to all, if we remarry this is looked at under Medicaid look back and now it sounds as if VA may do the same.

You can appeal the A&A decision. I chose not to with Mom because she was going on Medicaid and you can't have both. The most u can get with A&A is 1700, or was when I applied for Mom. Medicaid pays more.

From your profile, it looks like Dad is going to go beyond what an AL can do for him. You may want to look into a VA nursing home. Take a tour and tour some NHs. The NH Mom was in took good care of her better than the AL.

I toured 3 in my area. One Mom had been in rehab at and knew I didn't want her there. As soon as I walked into G, I knew this is where she should be. Look for a nice roomy common area. Set up so u have some privacy to talk to LO. That they have something nice set up outdoors. G had a gazebo where you could sit. Flowers all over and some vegetables they allowed the residents to plant. A large activity room. Moms was a dining/activity room combined. Most of the afternoon was some kind if activity. A movie, games, entertainers they brought in.

The first thing I noted was how clean the residents were and happy. I got hellos and smiles from most of them. I eventually allowed Moms laundry to be done because I never smelled smells. My Mom was cleaner than she had been in the AL. Not saying I didn't smell sometimes but on the whole no. Meaning they kept up with patients depends changes,

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